Kalu S/O Pisu Bhuriya vs State Of M.P

Vivek Rusia, J

This is second repeat application filed under sedtion 439 Cr.p.C seeking bail in connection with Crime No.425/19 registered at police station Petlawad,

district Jhabua for the offence punishable under sections 394 & 397 of the IPC. The first application was dismissed as withdrawn on 17.3.2020 vide

MCRC No.11346/2020.

As per prosecution story, on 29.07.2019 when complainant Narendra Patidar was returning from his shop on his motorcycle three unknown persons

intercepted his motorcycle on the way, looted his bag containing Rs. 70,000/- and one Vivo Mobile and fled away from thespot.

Learned counsel for the applicant submits that after the incident, complainant called his brother Mahesh, who came on the spot with his Bolero vehicle

bearing registration No. MP-09-CJ-1346. Thereafter, those three accused again came back on the spot and looted the Bolero vehicle. During

investigation the co-accused Mukesh was arrested and from his possession one country made pistol and the Bolero vehicle bearing registration No.

MP-09-CJ-1346 was recovered. The co-accused Bhuralal has been granted bail by this court vide order dated 05.01.2021 passed in

M.Cr.C.No.48286/2020 on the ground that the story of loot projected by the complainant is unnatural. The complainant took a loan from co-accused

Bhuralal and by way of security he gave his Bolero to him which remained with him for nine days, therefore the Bolero has been recovered from the

possession co-accused Bhuralal. The co-accused Mukesh has also been granted bail by this Court on 05.02.2021 vide MCRC No.6187/2021. The

applicant is in custody since 04.12.2019 and no further interrogation is required in the matter. Conclusion of trial will take sufficient long time. Under

these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer opposes the bail application by submitting that the applicant is having criminal past and and both the accused have been

identified by the complainant and Bolero has also been recovered from co-accused Bhuralal.

After considering the arguments advanced by the learned counsel for the parties and looking to the fact that the applicant is having parity with co-

accused Bhuralal and Mukesh who have already been enlarged on bail by this Court, without commenting on the merits of the case, the application

filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees

Forty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court

during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated

under Section 437(3) Cr.P.C. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-

19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.